NEW DELHI: On a reference made by the government to review the
Contempt of Court Act, the law commission has said that there is no need to change the existing act which has stood the test of judicial scrutiny for about five decades.
“Curtailing the scope of contempt to only include ‘wilful disobedience of directions/ judgment of Court’ seems undesirable because of the continuing need for deterrence against contemptuous elements,” the law panel observed in its report submitted to the government on Tuesday.
Elaborating further, the commission said if the provisions (of the Contempt Act) are so narrowed in scope, there will be a reduction in impact. “Such a change in the law of contempt could potentially lessen the respect for or fear of the courts and their authority and functioning; and, there is a possibility that this may lead to an undesired increase in the instances of deliberate denial and blasphemy of the courts,” it noted.
The reference received by the commission from the government is confined only to section 2(c) of the Act 1971. The said Act has been amended twice, once in the year 1976 and then in 2006 as per the need of the time, the panel said.
Is support of its arguments to retain the act in existing form, the commission quoted a
Supreme Court report with respect to the cases relating to contempt of courts in respective high courts.